Decision No. 104/2003/QĐ-BTM Issuing the Regulations on the Construction and Management of National Priority Trade Promotion Programs

DECISION OF THE MINISTER OF TRADE

Issuing the Regulation on the Construction and Management of National Priority Trade Promotion Programs|||

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THE MINISTER OF TRADE

Pursuant to Decree No. 95/NĐ-CP dated December 4, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to Resolution No. 05/2002/NQ-CP dated April 24, 2002 of the Government on certain measures to implement the socio-economic plan for 2002,

DECISION:

Article 1. This Decision hereby promulgates the Regulation on the Construction and Management of National Priority Trade Promotion Programs.

Article 2. This Decision takes effect fifteen days from the date of signature.

REGULATIONS

CONSTRUCTION AND MANAGEMENT OF NATIONAL PRIORITY TRADE PROMOTION PROGRAMS

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(Issued together with Decision No. 104/2003/QĐ-BTM dated January 24, 2003)

of the Minister of Trade)

PART I

GENERAL PROVISIONS

Article 1. National Priority Trade Promotion Program

The National Priority Trade Promotion Program (hereinafter referred to as the program) is a trade promotion program approved by the Prime Minister upon the proposal of the Ministry of Commerce aimed at developing exports and enhancing the competitiveness of Vietnamese goods, focusing on key products and markets.

Annually, the Ministry of Commerce publishes the List of Key Products and Markets.

Article 2. Scope of application

This Regulation stipulates the procedures for proposing, reviewing, and managing the implementation of the National Priority Trade Promotion Program.

Article 3. Applicability

1. Enterprises of all economic sectors established in accordance with the provisions of the law and identified as units participating in the National Priority Trade Promotion Program.

2. Trade promotion organizations under Ministries, agencies equivalent to Ministries; industry associations; and industry holding companies designated as the main bodies responsible for implementing the National Priority Trade Promotion Program.

Article 4. Requirements for the Program

1. To promote export growth and enhance the competitiveness of Vietnamese goods; align with the national export development orientation during each period; prioritize key products and markets announced annually.

2. Comply with the content of priority trade promotion activities as guided in Section 1 Part II Circular No. 86/2002/TT-BTC dated September 27, 2002 of the Ministry of Finance.

3. Be feasible and reasonable in terms of implementation methods: time frame, progress schedule; human resources, financial, and technical infrastructure.

4. For certain activities below, in addition to the requirements stipulated in Clauses 1, 2, and 3 of this Article, they must also meet the following requirements:

a) Organizing or participating in trade fairs and exhibitions abroad.

- For multi-sector trade fairs and exhibitions, there must be a minimum of 20 standard booths (3m x 3m) or 18 participating enterprises.

- For specialized trade fairs and exhibitions, there must be a minimum of 10 standard booths or 8 participating enterprises.

b) Organizing or participating in domestic trade fairs and exhibitions:

- For trade fairs and exhibitions in Hanoi and Ho Chi Minh City, there must be a minimum of 350 standard booths or 300 participating enterprises.

- For trade fairs and exhibitions in other provinces, there must be a minimum of 250 standard booths or 200 participating enterprises; specifically, for trade fairs and exhibitions in border provinces with neighboring countries, the scale must be a minimum of 120 standard booths or 90 participating enterprises.

c) Organizing or participating in market survey and trade negotiation delegations abroad:

- For multi-sector delegations, there must be a minimum of 18 participating enterprises.

- For specialized delegations, there must be a minimum of 8 participating enterprises.

d) Training and capacity building for export businesses must have a minimum of 50 participants.

Article 5. Head Organization of the Program

1. The head organization of the program is the entity designated as the main body for constructing and overseeing the implementation of the program approved by the Prime Minister.

2. The head organization of the program must meet the following requirements:

a) It must be trade promotion organizations under Ministries, agencies equivalent to Ministries; industry associations; and industry holding companies established and operating in accordance with Vietnamese laws, having legal personality, separate bank accounts, and seals.

b) Have a competent organizational structure capable of implementing the program.

c) Implement the program to benefit many enterprises, not for profit purposes.

Article 6. Units Participating in the Program

Units participating in the program are enterprises of all economic sectors established in accordance with the provisions of the law.

Chapter II

CONSTRUCTION OF THE PROGRAM

Article 7. Proposing the Program

Trade promotion organizations under Ministries, agencies equivalent to Ministries; industry associations; and industry holding companies are the main bodies proposing the program to the Ministry of Commerce (the content of the proposed program follows the format specified in the Appendix attached to this Regulation).

The program for the following year shall be submitted to the Ministry of Trade before August 30 of the preceding year to the planned year.

Article 8. Receiving and evaluating the program

1. The Ministry of Trade assigns the Trade Promotion Agency to receive the program proposals from the agencies proposing the programs and compile reports.

2. The Ministry of Trade evaluates, assesses, and builds the program based on the proposals from the agencies proposing the programs and compiles them to submit for approval by the Prime Minister.

Chapter III

MANAGEMENT OF PROGRAM IMPLEMENTATION

Article 9. Responsibility for implementing the program

The leading agency of the program is responsible for implementing the approved program in accordance with the objectives, contents, schedule, allocated budget, and corporate contributions, ensuring efficiency, economy, and compliance with state regulations.

Article 10. Monitoring the implementation of the program

1. The Ministry of Trade assigns the Trade Promotion Agency to monitor the implementation of the program by the leading agency to ensure that it is carried out according to the objectives, contents, schedule, and ensures effectiveness and compliance with state regulations.

2. The leading agency of the program must provide all relevant documents and information about the program and facilitate the Ministry of Trade's monitoring activities.

Article 11. Supplementing and terminating the program

1. Based on actual circumstances, the Ministry of Trade submits to the Prime Minister for approval to supplement the program. The procedures for building and supplementing the program are conducted similarly to the annual program construction process.

2. In cases where violations in the implementation of the program's objectives, contents, or schedule are discovered, or if changes to the program's content are deemed necessary, the Ministry of Trade proposes to the Prime Minister to terminate or adjust the program.

Article 12. Reporting on the implementation of the program

1. The leading agency of the program must submit a written report on the implementation situation, evaluate the program's effectiveness, and make recommendations (if any) to the Ministry of Trade and the Ministry of Finance no later than November 30 each year and 15 days after completing the program.

2. The Ministry of Trade assigns the Trade Promotion Agency to follow up, compile, and submit to the Ministry Leadership for reporting to the Prime Minister.

Article 13. Settling accounts for the program

1. The leading agency of the program is responsible for settling accounts with the financial agency and participating corporations in accordance with Circular No. 86/2002/TT-BTC dated September 27, 2002, issued by the Ministry of Finance.

2. The leading agency of the program must submit the settlement report to the Ministry of Trade no later than 15 days from the date of completing the settlement with the Ministry of Finance.

Chapter IV

Article 20. Handling Violations

Article 14. Handling Violations

Organizations and individuals who violate this regulation will be handled according to the provisions of Vietnamese law depending on the severity of the violation.

Article 15. Effectiveness

This regulation takes effect 15 days after its signing and applies to programs until the end of 2005.